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AB 2273

Crimes: Scrivner Act.

2025-2026 Regular Session Introduced by Jasmeet Bains

Expands penalties and prosecutorial reach for sexual offenses against minors, requires a 30-day DOJ charging window for elected-official cases with minor victims, and tightens pret

Referred to Com. on PUB. S.
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Bill Summary · AB 2273

Summary of AB 2273 (Scrivner Act) — California, 2025-2026

Note: This bill is identified as AB 2273, introduced by Assembly Member Bains, and relates to crimes, sexual offenses, pretrial diversion, and a prosecutorial timeline for misconduct by elected officials. The bill text indicates amendments to Penal Code sections 288, 1001.36, and adds Section 11110, with related fiscal and mandate considerations.

1) Main purpose and intent

  • To tighten penalties for sexual offenses against minors and expand the circumstances under which such offenses are prosecutable.
  • To broaden the use of pretrial diversion for defendants with mental disorders, including more explicit ineligibility criteria and procedures.
  • To establish a specific prosecutorial timeline requirement for the California Department of Justice (DOJ) to file charges in cases involving elected-officials where a minor was the victim and prosecution is appropriate.
  • To designate a named act (the SCRIVNER Act) and address funding/reimbursement implications related to state mandates.

2) Key provisions and changes

A. Penalties and scope for lewd acts on minors (Penal Code § 288)

  • Expands applicability to include acts where the actor is under the influence of a mind- or mood-altering substance, removing the explicit requirement of the “specific intent to arouse” if intoxication is involved.
  • Keeps existing penalties for:
    • General lewd acts on a child under 14: felony, 3, 6, or 8 years.
    • Use of force/duress/violence: 5, 8, or 10 years.
    • Caregiver offenses involving dependents: 5, 8, or 10 years.
  • Additional provisions continue (in subdivisions not altered in substance) to address:
    • Offenses involving 14- or 15-year-old victims with a 10-year age gap: potential felony or public offense with corresponding penalties (1-3 years in prison or up to 1 year in county jail for certain circumstances).
    • Caretaker/dependent scenarios: public offense penalties (1-3 years in prison or up to 1 year in county jail).

B. Pretrial diversion for mental disorders (Penal Code § 1001.36)

  • Maintains eligibility criteria requiring a diagnosed mental disorder (per DSM) with specific disorders excluded (e.g., antisocial personality disorder and pedophilia).
  • Requires the court to determine whether the mental disorder was a significant factor in committing the offense.
  • Expands ineligibility criteria:
    • Current and specific offenses listed, including sexual offenses (like rape or lewd acts on a child) and other enumerated crimes, would render a defendant ineligible for diversion, even if not currently charged with those offenses.
  • Adds record-keeping and transparency: if eligibility would be violated due to underlying offenses not charged, prosecutors must state on the record why those charges are not being sought and whether the victim was consulted.
  • Sets treatment provider obligations to monitor progress and report to court, defense, and prosecution.
  • Provides for possible firearm restrictions during diversion if the court and conditions satisfy statutory standards.
  • Requires dismissal of charges upon satisfactory completion of diversion, with restrictions on use of diversion records and potential sealing, subject to exceptions for certain disclosures (e.g., peace officer applications).
  • Clarifies cost allocation and state-mandated local program implications.

C. DOJ charging timeline for elected-official misconduct (Penal Code § 11110)

  • If DOJ completes an investigation showing:
    • The accused held elected office,
    • The crime relates to rape or a sexual offense,
    • The victim was a minor,
    • Prosecution is appropriate,
    • DOJ must file criminal charges within 30 days.
  • Acknowledge that failure to charge within 30 days does not bar later prosecution.

D. Reimbursement and mandates

  • The bill states that no reimbursement is required for state-mandated local costs under specific constitutional provisions, with further provisions about compliance if the Commission on State Mandates finds new mandate costs.

3) Who or what would be affected

  • Minors who are victims in specified sexual offenses, including acts committed under the influence of mind- or mood-altering substances.
  • Defendants with diagnosed mental disorders who may seek pretrial diversion, with expanded eligibility/ineligibility criteria and enhanced court procedures.
  • Prosecutors and defense attorneys handling cases involving sexual offenses, particularly those considering diversion and the record-keeping/communication requirements.
  • California DOJ, in cases involving elected officials accused of crimes where a minor was the victim, due to a mandated 30-day charging window.
  • Local agencies and school districts, regarding costs and reimbursement, depending on mandate determinations.

4) Procedural and timeline aspects

  • Effective text indicates activity in 2026, with amendments and committee passages occurring in April 2026.
  • DOJ must file charges within 30 days after completing an investigation in eligible elected-official cases; otherwise, prosecution may still occur later.
  • For pretrial diversion:
    • Court must assess eligibility, suitability, and mental-health treatment plans.
    • Diversion period caps: up to 2 years for felonies, up to 1 year for misdemeanors.
    • Completion of diversion can lead to dismissal of charges and potential sealing of records, with required disclosures in certain contexts.
    • Provisions regarding firearm prohibitions during diversion, subject to proof by clear and convincing evidence.
  • The act is named the SCRIVNER Act (Sexual Contact and Rape Investigation, Victims’ New Enforcement Rights Act).

Bottom-line

AB 2273 seeks to broaden enforcement and accountability in cases involving sexual offenses against minors, while expanding access to and oversight of mental-health-based pretrial diversion. It also adds a targeted DOJ charging deadline for cases involving elected officials and minor victims, potentially accelerating accountability in high-profile cases. The bill emphasizes victim considerations, court-ordered treatment, and record-keeping to support enforcement while outlining cost/mandate considerations for local agencies.

Compiled from official sources — confirm details with the bill’s official record.

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